Patents are a cornerstone of Intellectual Property (IP) protection and a critical driver of
innovation. By granting inventors exclusive rights to their creations for a limited
period—typically 20 years—a patent enables them to maintain control over their invention
while also encouraging public disclosure. This transparency fosters further innovation and
development in the field.
The process of patent filing is governed by the “The Patents Act, 1970 (No. 39 of 1970) and
the Patent Rules, 2003” and overseen by the “Office of the Controller General of Patents,
Designs, and Trademarks” generally known as the Indian Patent office. If you have an
invention or a unique innovation and are contemplating patent protection in India, it’s
essential to understand the nuances of the process, requirements, and the steps involved.
When considering patent protection in India, the following steps should be meticulously
followed:
The patent applications are filed with the Patent Office, which has regional offices located in
Kolkata, Delhi, Mumbai, and Chennai. Once the application is filed, the applicant receives an
application number, which can be used to track the progress of the application throughout the
patent process.
Following the filing, a patent application is published automatically after 18 months from the
filing date or priority date whichever is earlier. This publication allows the application to be
accessed publicly on the Indian Patent Office website.
The examination of a patent application is not automatic filed after its filing. The formal
request for examination is be made within 31 months from the filing date or priority date
whichever is earlier. Once the request is submitted, the Patent Office issues a First
Examination Report (FER), which may include objections to the application.
If the examiner is satisfied with the applicant's response to the objections raised during the
examination, the patent application moves towards order for grant, the patent is granted, if
there no pre-grant opposition is filed or pending. Once granted, the patent is officially
published in the Patent Journal, and the applicant is issued a Patent Certificate.
Both pre-grant and post-grant oppositions are important aspects of the patent process in India.
Pre-Grant Opposition: This allows any person to challenge the patent application
before the grant of the patent.
Post-Grant Opposition: Even after the patent has been granted, any person interested
can file an opposition within one year from the date of publication of grant of a
patent.
